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2017 Supreme(Raj) 322
IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR
MOHAMMAD RAFIQ and DINESH CHANDRA SOMANI, JJ.
Zakir @ Rahimulla S/o Shri Karimulla - Appellant
Versus
State of Rajasthan through Public Prosecutor - Respondent
D.B. Criminal Appeal No. 848 of 2012
Decided On : 09-03-2017
For the Appellant : Mr. S.S. Hasan with Mr. Rajendra Yadav
For the Respondent: Mr. R.S. Raghav
Important Point - The appellant must be held to have been suffering from disease of Schizophrenia not only before the incident but also at the time of incident as also subsequent to incident.
Headnote:Indian Penal Code,1860 – Sec 302 & 84 – Appellant herein challenges the order of conviction for murder – Accused inflicted knife blows on the chest, face and different parts of the body of the deceased – Plea of insanity is taken – Evidence on record clearly proves the fact that the accused-appellant was suffering from acute Schizophrenia - Mental ailment was active prior to incident, on the day of incident and even after incident - Circumstances and the nature of evidence available in the present case make it evident that accused was indeed suffering from Schizophrenia - The appellant must be held to have been suffering from disease of Schizophrenia not only before the incident but also at the time of incident as also subsequent to incident – It entitles him to the benefit of exception carved out in Section 84 IPC - Impugned judgment and order dated 15.09.2012 passed by the trial court is set aside.
Result – Appeal deserves to succeed and is accordingly allowed.
MOHAMMAD RAFIQ, J.
1. This appeal has been filed by accused-appellant Zakir @ Rahimulla challenging judgment dated 15.09.2012 passed by Additional Sessions Judge(Fast Track), Tonk (for short ‘the trial court’) whereby the trail court convicted the accused-appellant for offence under Section 302 IPC and sentenced him to life imprisonment with fine of Rs. 5,00/-, in default whereof he was to further undergo two months simple imprisonment.
2. Facts of the case are that one Riyaj(P.W.1) son of Shri Fayyajuddin submitted a written report(Exhibit P-1) at Police Station, Kotwali, Tonk on 14.08.2009 alleging that on 14.08.2009 at about 10.30 A.M. his uncle Munna @ Imamudeen Luhar was working in his shop situated at Nayab Sahab Ki Nal, Tonk. Suddenly Rahimulla @ Zakir came there. He was having a knife in his hand. He inflicted blows on Munna’s chest, face and different parts of the body. Munna was taken to hospital where he was declared brought dead. On the basis of aforesaid written report(Exhibit P-1), regular FIR No. 252/2009 was chalked out at Police Station Kotwali, Tonk for offence under Section 302 IPC. Upon completion of investigation, charge sheet under Section 302 IPC was filed against the accused-appellant in the competent court wherefrom the case was transferred to the trial court.
3. When the matter was fixed for farming of charges on 10.11.2009, defence counsel filed an application under Section 328 Cr.P.C. read with Section 84 IPC contending that accused was undergoing treatment for his mental disorder and he was not capable of defending himself. Prayer was made that the proceedings of the case be deferred. The trial court on hearing the arguments directed Chief Medical Officer, Saadat Hospital, Tonk to constitute a medical board of three doctors including one psychiatrist and one civil surgeon, to give the report about mental condition of the accused-appellant. The matter was deferred to be listed on 26.11.2009. It was thereafter that the matter remained adjourned till 09.02.2010, on which date, aforesaid medical board constituted by Chief Medical Officer, Saadat Hospital, Tonk submitted its report, which opined that the accused suffered from psychiatric disorder and he should be got examined from experts to determine his I.Q. level. The trial court, therefore, directed that the appellant should be referred to Psychiatry Centre of S.M.S. Hospital through it’s Superintendent and it’s report be produced. The matter was thereafter again listed before the trial court on 30.03.2010 on the letter of In-charge of Psychiatry Centre of S.M.S. Hospital, who informed that the appellant would be required to be hospitalised as indore patient for his medical check up. The trial court, therefore, directed Superintendent, District Jail, Tonk to send the appellant to Psychiatry Centre, Jaipur in police custody and after having his check up again lodge him in District Jail, Tonk. The matter remained adjourned on 13.04.2010 and 20.04.2010. The matter was taken up by the trial court on 30.04.2010. It was conveyed on the basis of letter dated 12.04.2010 received from Superintendent, Psychiatry Centre, Jaipur attached to S.M.S. Hospital, Jaipur, with which copy of medical board was also forwarded, wherein it was opined that the appellant was suffering from ailment known as Schizophrenia and his treatment has started and he was not capable of defending himself in the trial and cannot understand implications of the court proceedings. He requires further treatment. The trial court, therefore, directed that till further orders, appellant may be continued to be hospitalised in Psychiatric Centre, Jaipur for his treatment and progress report be sent to the court after one week.
4. It was further that the matter was listed before the trial court on 29.05.2010, 01.07.2010, 28.07.2010 and thereafter, on 06.08.2010, on which date, the trial court took note of the report of the Superintendent of Psychiatry Centre, Jaipur dated 17.07.2010, who con
